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~:. ~~~ '~#' JAt~ 0 6 2006° RECENED JAIL 17 2"'3 6Gddoa of Nieerebmd 8p1opM 18905 Wazd Creek Road Cedazedge, CO 81413 January 5, 2006 Re: Reclamation Permit Application -Benson Brothers Red Shale Pit, Delta Co. Frvw ~ ~,Il l.J~ c~ / 7C: Division of Minerals and Geology / C`J ~~cc'~~d.1 ~d aPP ~~ca ~~c., t/ 1313 Sherman St., Room 215 Denver, CO 80203 ti(- 2~s - 07 ~ J Dear Sir: This letter is in opposition to the proposed Benson Brothers Red Shale Quarry in Coalby Canyon, Delta County. We live directly across Ward Creek Road from the entrance to the proposed quarry. Because of the potential adverse impacts that could occur related to our health, water resources, road safety, visual impacts and loss of property values we aze an aggrieved party as defined by state regulation. All of these impacts have been fully presented in the information sent to you by the Coalby Canyon Association. We realize some of these issues do not fall within the immediate purview of the Division of Minerals and Geology, however, we believe any permit issued must address the cumulative impacts of the proposed operation. To date we have not been able to find any evidence of the Benson's applying for other required State permits. Evidently a piecemeal approach is being taken in hopes that no one agency will evaluate the total impact. The application does not adequately describe the current surrounding land use. The maps provided show a Red Canyon Coal Mine Property and an Independent Mine, and the narrative states the site is adjacent to the Red Canyon Coal Mine property and that there are at least six coal mines within one mile of the property. We are sure your records show none of these mines have been in operation for many yeazs and the most recently closed was.reclaimed more than 20_yeazs ago. The only recent mining activity has been at the adjacent Belden Red Shale Pit #1 which is no longer in production and has mined approximately one acre over a period of about 20 years, indeed a very small operation. The application defines the current use of the land as rangeland. In fact, it is old growth pinion juniper and perhaps would be more accurately described as wildlife habitat, and in the event mining is permitted the reclamation plan should incorporate the recommendations of the Division of Wildlife (letter of 12-13-2004) that "...native species should be used in revegetation. The vegetation surrounding the site can be used as a guide when selecting native species." That is, restoring the pinion juniper plant community should be required. In addition, no mention is made of the 36 homes, one commercial vineyazd, two income producing orchards and an alfalfa field within '/x mile of the proposed quarry boundary that would be duectly affected.